Why is the Equal Rights Amendment Needed?

 
  • The Equal Rights Amendment ensures the U.S. Constitution includes a clear expectation of sex equality in all aspects of life.
  • The Equal Rights Amendment guarantees equal rights under the law for all, regardless of sex – this is not currently guaranteed in the US Constitution.
  • The Equal Rights Amendment ensures women’s rights will be preserved as basic rights and will not be diminished by any Congress or any political trend.
  • The Equal Rights Amendment sends a strong message to legislators, law enforcement, and the courts that the US Constitution has no tolerance for sex discrimination.
  • The Equal Rights Amendment requires courts to apply the same high standards of strict scrutiny to sex discrimination cases as the US Constitution requires for discrimination based on race, religion, and national origin, making it easier for people who face discrimination on the basis of sex to seek legal recourse.
  • For decades, women have found legal recourse for sex discrimination under protections in the 14th Amendment. However, in 2022 the Supreme Court assumed a more rigid interpretation of 14th Amendment protections asserting they do not apply to issues of sex discrimination, contraception, or same-sex marriage. The Equal Rights Amendment not only restores these protections, but strengthens them.
  • The Equal Rights Amendment gives Congress greater power to enact laws that provide stronger protections against sexual assault and domestic violence.
  • The Equal Rights Amendment helps to ensure equality in pay, job opportunities, and education for women and girls and helps to address sexual assault and harassment at the national and local levels.
  • Without the Equal Rights Amendment … victims of sex discrimination have a harder time seeking legal recourse because courts are not required to apply the same high standards of scrutiny in sex discrimination cases as the U.S. Constitution requires for discrimination based on race, national origin, or religion.
  • Without the Equal Rights Amendment … state and federal laws guaranteeing equal rights regardless of sex can be weakened, repealed, replaced, or improperly interpreted by the courts.
  • Without the Equal Rights Amendment … state-level amendments guaranteeing sex equality (such as Maryland’s ERA) can be overridden.
  • Without the Equal Rights Amendment … the United States has fallen out of the top third of countries internationally when ranked by gender equality, and the U.S. is ranked as the 10th most dangerous country in the world for women.